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6-5-221
under the supervision, administration, or observation of an architect or engineer, or designed
by and constructed in accordance with the plans and specifications prepared by an architect
or engineer, for the recovery of damages for: (i) Any defect or deficiency in the design,
planning, specifications, testing, supervision, administration, or observation of the construction
of any such improvement, or any defect or deficiency in the construction of any such improvement;
or (ii) Damage to real or personal property caused by any such defect or deficiency;
or (iii) Injury to or wrongful death of a person caused by any such defect or deficiency;
shall be commenced within two years next after a cause of action accrues or arises, and not
thereafter. Notwithstanding the foregoing, no relief can be granted on any cause of action
which accrues or would have accrued more than seven years after the substantial completion
of construction of the improvement on or to the real property, and any right...
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6-5-220
acting under the instruction, control, or supervision of the registered engineer. (d) SUBSTANTIAL
COMPLETION OF CONSTRUCTION OR CONSTRUCTION OF IMPROVEMENT. The time at which the construction
of the improvement on or to real estate is sufficiently completed so that the owner, tenant,
or other person can occupy or utilize the improvement, or a designated portion thereof, for
the use for which it is intended. (e) CAUSE OF ACTION ACCRUES OR ARISES. The time when a person
is injured, including injury which results in death, or when property is damaged as
a proximate result of a defect or deficiency in design, planning, testing, supervision, administration,
or observation of construction of an improvement by an architect or engineer or in the construction
of an improvement on or to real estate, constructed, performed, or managed by a builder; or
where the damage or injury either is latent or by its nature is not discoverable in
the exercise of reasonable diligence at the time of its...
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6-5-227
Section 6-5-227 Causes of action for breach of written express warranty, contract, or indemnity
against architects, engineers, and builders. Nothing contained in this article shall be construed
to bar, prior to the expiration of a written express warranty, contract, or indemnity, causes
of action or rights of action in contract against architects, engineers, and builders as defined
in this article arising out of breach of contract for written express warranties, contracts,
or indemnities which by the written terms thereof shall extend beyond the period of seven
years after the substantial completion of construction of an improvement on or to the real
property. Any written express warranty, contract, or indemnity for the purposes of an action
in contract based upon the written express warranty, contract, or indemnity shall be enforceable
for the period of time specified in writing, and all civil actions in contract arising out
of the written express warranty, contract, or indemnity...
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39-2-12
Section 39-2-12 Partial and final payments of contractors by awarding authorities. (a) As used
in this section the following words shall have the meanings ascribed to them as follows: (1)
CONTRACTOR. Any natural person, partnership, company, firm, corporation, association, limited
liability company, cooperative, or other legal entity licensed by the Alabama State Licensing
Board for General Contractors. (2) NONRESIDENT CONTRACTOR. A contractor which is neither a.
organized and existing under the laws of the State of Alabama, nor b. maintains its principal
place of business in the State of Alabama. A nonresident contractor which has maintained a
permanent branch office within the State of Alabama for at least five continuous years shall
not thereafter be deemed to be a nonresident contractor so long as the contractor continues
to maintain a branch office within Alabama. (3) RETAINAGE. That money belonging to the contractor
which has been retained by the awarding authority conditioned on...
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6-5-225
exposure to liabilities for injuries and damages occurring long after the completion of their
professional architectural and engineering services and builders as defined from exposure
to liabilities for injuries and damages occurring long after the completion of their work,
the article imposes no unfair burden on the injured party for he or she is still afforded
an avenue of legal action to seek redress from those who are more likely to have been responsible
for or could have prevented such injury. (c) It is the legislative intent and purpose
to establish a single period of limitation for all civil actions, whether in tort, contract,
or otherwise, commenced against architects and engineers and builders, which limitation period
is two years from the date the cause of action accrues. This limitation period is equally
applicable to actions in tort which currently must be commenced within two years from the
date injury occurs, and those founded on contract which currently may be commenced...
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39-2-2
Section 39-2-2 Advertisement for and opening of sealed bids for public works contracts; violations;
exclusions; emergency actions; sole source specification. (a) Before entering into any contract
for a public works involving an amount in excess of fifty thousand dollars ($50,000), the
awarding authority shall advertise for sealed bids, except as provided in subsection (j).
If the awarding authority is the state or a county, or an instrumentality thereof, it shall
advertise for sealed bids at least once each week for three consecutive weeks in a newspaper
of general circulation in the county or counties in which the improvement or some part thereof,
is to be made. If the awarding authority is a municipality, or an instrumentality thereof,
it shall advertise for sealed bids at least once in a newspaper of general circulation published
in the municipality where the awarding authority is located. If no newspaper is published
in the municipality, the awarding authority shall advertise by...
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8-20-4
carriers. q. To offer any refunds or other types of inducements to any person for the purchase
of new motor vehicles of a certain line make to be sold to the state or any political subdivision
thereof without making the same offer to all other new motor vehicle dealers in the same line
make within the state. r. To release to any outside party, except under subpoena, or as otherwise
required by law or in an administrative, judicial, or arbitration proceeding, any business,
financial, or personal information which may be from time to time provided by the dealer
to the manufacturer, without the express written consent of the dealer. s. To own an interest
in a new motor vehicle dealership, to operate or control a dealership, to make direct sales
or leases of new motor vehicles to the public in Alabama, or to own, operate, or control a
facility for performance of motor vehicle warranty or repair service work, except as follows:
1. The manufacturer or distributor is owning or operating...
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6-5-226
Section 6-5-226 Causes of action not abrogated. Nothing contained in this article shall be
construed to abrogate any cause of action for products liability, or for breach of warranty,
or for violation of the Alabama Extended Manufacturer's Liability Doctrine, or bar any cause
of action or right of action against any party other than an architect, engineer, or builder
as defined in this article. (Acts 1994, No. 94-138, p. 183, ยง7.)...
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6-5-218
to real property. (a) No action in tort, contract, or otherwise shall be commenced against
any person performing or furnishing the design, planning, supervision, or observation of construction
or the construction of an improvement to real property more than seven years after the substantial
completion of such improvement for the recovery of damages for: (1) Any deficiency in the
design, planning, supervision, or observation of construction or construction of such an improvement;
or (2) Injury to real or personal property caused by any such deficiency; or
(3) Injury to or wrongful death of a person caused by any such deficiency. (b) The
prohibition provided in this section shall apply to any action commenced against a person
for his own act, or failure to act, or for the act, or failure to act, of his employees; likewise,
the prohibition contained in this section shall extend to every demand, whether commenced
by direct action or for contribution or indemnity or by third-party...
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34-8-6
Section 34-8-6 Prohibited acts; penalties; cease and desist orders. (a) Any person, firm, or
corporation not being duly authorized who shall engage in the business of general contracting
in this state, except as provided for in this chapter, and any person, firm, or corporation
presenting or attempting to file as its own the license certificate of another, or who shall
give false or forged evidence of any kind to the board, or to any member thereof, in obtaining
a certificate of license, or who falsely shall impersonate another, or who shall use an expired
or revoked certificate of license shall be deemed guilty of a Class A misdemeanor and for
each offense for which he or she is convicted shall be punished as provided by law. Furthermore,
any person including an owner, architect, engineer, construction manager, or private awarding
authority who considers a bid from anyone not properly licensed under this chapter shall be
deemed guilty of a Class B misdemeanor and shall for each...
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